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However, the requestor then may file a motion to compel discovery to ask the court to order the responding party to produce documents. The rules governing requests for the production of documents vary from jurisdiction to jurisdiction; in the U.S. Federal court system, such requests are governed by Rule 34 of the Federal Rules of Civil ...
A subpoena duces tecum (pronounced in English / s ə ˈ p iː n ə ˌ dj uː s iː z ˈ t iː k ə m / sə-PEE-nə DEW-seez TEE-kəm), or subpoena for production of evidence, is a court summons ordering the recipient to appear before the court and produce documents or other tangible evidence for use at a hearing or trial. In some jurisdictions ...
Section 15 of the Judiciary Act of 1789 provided: [A]ll the said courts of the United States, shall have power in the trial of actions at law, on motion and due notice thereof being given, to require the parties to produce books or writings in their possession or power, which contain evidence pertinent to the issue, in cases and under circumstances where they might be compelled to produce the ...
The motion to compel is used to ask the court to order the non-complying party to produce the documentation or information requested, and/or to sanction the non-complying party for their failure to comply with the discovery requests. The United States court system is divided into three systems; federal, tribal, and state.
In New South Wales, a court may set aside the whole, or part, of a subpoena on the basis that it is a "fishing expedition".In Lowery v Insurance Australia Ltd, the NSW Court of Appeal held that where documents requested in the schedule of a subpoena are deemed to have no relevance to the proceedings in dispute, the subpoena may be set aside as it has no legitimate forensic purpose.
Ahead of a high-stakes defamation trial, CNN is now being accused of misleading the court regarding documents on its net worth. U.S. Navy veteran Zachary Young alleges that CNN smeared his ...
A significant number of appellate court decisions have interpreted and construed the provisions of the Act. California written discovery generally consists of four methods: demands for inspection (the formal statutory name for requests for production of documents), form interrogatories, special interrogatories, and requests for admissions. [38]
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